ILR (Long residency) - what documents are needed?

[azo-2024]

Hi, have a couple of questions I would like help with.

First background,

Wife entered the country under a 5 year route, at the first renewal, we had to fight it in the court and got switched to the 10 year spouse route. The next renewed I messed it up and applied under the 5 year route plus resetting the time for the spouse route. She has now been in the country for 10 years since her initial entry date (shes currently on a three month holiday visiting family - the only one in 10 years - wanted to visit familiar before we apply heard of possible long awaiting times.).

When she gets back can she apply for IRL under the long residence route instead of the spousal route(s)?

Does the long residence route require a financial limit to be reached?

What documents are required for submitting? or does anyone have a link to a list of such documents.

Regards

[secret.simon]

We'd need a detailed history of the various visas and appeals/admin reviews/judicial reviews that your wife had over the years to advise on whether the 10 year route is possible.

Remember that the 10 year route requires 10 years of legal continuous residence. And many things can break legal continuous residence.

Does the long residence route require a financial limit to be reached?

No.

[azo-2024]

"We'd need a detailed history of the various visas and appeals/admin reviews/judicial reviews that your wife had over the years to advise on whether the 10 year route is possible."

I don't have the excault dates but

2013 (Oct) - entered country under spouse visa (5-year route)

2015 - applied for extension - lost job 4 weeks before renewal date - appealed via courts and successfully won switched over to the 10 year route in ruling by the courts (visa granted it in 2017) FLR(FP) I think.

2019 - renewal visa - switched it by mistake to 5-year route FLR(m).

2023 - renewal visa under FLR(m)

2023 Oct - 10 year mark she has been in the country

Other info she mets the requires 10 years of legal continuous residence, she will only been out of the country for 4.5 months in the last 12 months and in the last 2.5 years, before that only 2 weeks very 2.5 years.

Regards

[secret.simon]

2015 - applied for extension - lost job 4 weeks before renewal date - appealed via courts and successfully won switched over to the 10 year route in ruling by the courts (visa granted it in 2017) FLR(FP) I think

This is where we need more information.

Was it an appeal or was it a judicial review?

If the former AND the initial application was made before the last date of her previous visa, her stay would have been legal.

If it was a judicial review, to the best of my knowledge, her stay would not have been legally extended while the courts were doing the review and there would have been a break in the legal continuous residence. That clock would only have restarted from zero in 2017 when she was issued her FLR(FP).

Therefore, to advise you correctly, you need to check and let us know if it was an appeal or a judicial review. And if there was a judgment in the case, can you reproduce it here taking out all personally identifiable information (names, addresses, etc)?

[azo-2024]

"Was it an appeal or was it a judicial review?

If the former AND the initial application was made before the last date of her previous visa, her stay would have been legal...."

Ok, this is where I don't know.

Her initial application was before the last date of her previous visa. The HO refused it and we appealed via the court(s) before a judge and they switched us from the 5 year route to the 10 year route.. The court granted us in our favor.

The HO applied for the next round of appeals (which may have been a judicial review) claiming an error of law. They were refused this review.

I am afraid we have moved house several times since then and some of the paperwork is missing. How do I go about finding out of her visa application was subjected to a judicial review - write to the HO? I am currently at work.

Regards

[azo-2024]

2015 - applied for extension - lost job 4 weeks before renewal date - appealed via courts and successfully won switched over to the 10 year route in ruling by the courts (visa granted it in 2017) FLR(FP) I think

If it was a judicial review, to the best of my knowledge, her stay would not have been legally extended while the courts were doing the review and there would have been a break in the legal continuous residence. That clock would only have restarted from zero in 2017 when she was issued her FLR(FP).

I am sorry, I am having problems understanding this. Why would a judicial review would had broken her legal continuous residence? If the visa renewal application, appeals etc were made in time?

We plan to apply for IRL via the long residence route - https://www.gov.uk/long-residence - with the idea that its been 10 years since she first entered the country in Oct 2013.

Not on the 10 year FLR(FP) route as here - https://www.gov.uk/apply-indefinite-lea ... ivate-life

[secret.simon]

Why would a judicial review would had broken her legal continuous residence? If the visa renewal application, appeals etc were made in time?

Appeals (if provided for by the Immigration Rules for that specific visa type) and administrative review extend what is called Section 3C leave. Judicial reviews don't.

So, unless the judicial review leads to an order maintaining Section 3C leave, it will have lapsed. That means that the person would have not been legally resident in the UK for that duration. That would have reset the clock for continuous legal residence down to zero.

[azo-2024]

Why would a judicial review would had broken her legal continuous residence? If the visa renewal application, appeals etc were made in time?

Appeals (if provided for by the Immigration Rules for that specific visa type) and administrative review extend what is called Section 3C leave. Judicial reviews don't.

So, unless the judicial review leads to an order maintaining Section 3C leave, it will have lapsed. That means that the person would have not been legally resident in the UK for that duration. That would have reset the clock for continuous legal residence down to zero.

Ok, thank you. As far as I am aware the HO applied for a "judicial review" (an appeal at the upper tribunal courts) but they were refused permission for it.

[secret.simon]

Ok, thank you. As far as I am aware the HO applied for a "judicial review" (an appeal at the upper tribunal courts) but they were refused permission for it.

Judicial Review is always initiated by the applicant. The Home Office may appeal a judicial review that went against them, but the original judicial review would have been filed by you (or in your name).

Did you use a lawyer at this stage? You could clarify with the lawyer whether it was a judicial review or an appeal.

[azo-2024]

Ok, thank you. As far as I am aware the HO applied for a "judicial review" (an appeal at the upper tribunal courts) but they were refused permission for it.

Did you use a lawyer at this stage? You could clarify with the lawyer whether it was a judicial review or an appeal.

We used a lawyer, however, she had to pass the case onto a Barrister when court day came around. I will contract them. I do not have a letter that says outright it is an appeal but it is inferred that it is - see screen shots. Thank you for your time.

[IMAGES REMOVED]

[azo-2024]

https://freeimage.host/i/JTUzHEF

https://freeimage.host/i/JTUz9B1

[secret.simon]

https://freeimage.host/i/JTUzHEF

https://freeimage.host/i/JTUz9B1

I can't view either of the two documents on two different devices.

Can you confirm that you have redacted all personally identifiable information (names, addresses, etc)? Keep in mind that anybody with an internet connection can come across these documents, including spammers and hackers.

[meself2]

https://freeimage.host/i/JTUzHEF

https://freeimage.host/i/JTUz9B1

I can't view either of the two documents on two different devices.

Can you confirm that you have redacted all personally identifiable information (names, addresses, etc)? Keep in mind that anybody with an internet connection can come across these documents, including spammers and hackers.

I can.

► Show Spoiler

[azo-2024]

Theres no names or address. I will type them out.

"I have prepared the grounds of appeal, which have been lodge with the completed appeal form with the Immigration Tribunal by special delivery number....."

"A copy of the grounds of appeal is enclosed for your information"

"...the next step is to receive an acknowledgement from the Tribunal of your appeal....."

"...you have instructed us to prepare and represent your appeal against refusal of further leave to remain.."

[azo-2024]

"Was it an appeal or was it a judicial review?

If the former AND the initial application was made before the last date of her previous visa, her stay would have been legal...."

Our case lawyer got back to us and confirmed that the case of an appeal and not a judicial review. Also everything was submitted in time, and the appeal submission was in time and occurred around about the 14/06/2016

Regards

[azo-2024]

Hello,

I am wondering what documents are needed, and for how far back, for the ILR (Long residency) application - or what people have successfully used when applying.

So far I understand that you need: Proof of English test and Life in UK, passports that you have held, but that else is needed.

Evidence of 10 years residency? Would the HO already have that information up to the last renewal application and wherefore only need to provide details after that date?

[zimba]

Hello,

I am wondering what documents are needed, and for how far back, for the ILR (Long residency) application - or what people have successfully used when applying.

So far I understand that you need: Proof of English test and Life in UK, passports that you have held, but that else is needed.

Evidence of 10 years residency? Would the HO already have that information up to the last renewal application and wherefore only need to provide details after that date?

Send passport stamps from the last 10 years

[azo-2024]

Send passport stamps from the last 10 years

Thank you

Is that all that is needed?.... No proof of living at addresses, council tax bills, letters in her name etc.

[zimba]

No such proof is needed at all. It is about not going above the absence limit